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Full-Text Articles in Law
A Proposed Amendment To Rule 26(B)(4)(B): The Expert Twice Retained, Andrew J. Miller
A Proposed Amendment To Rule 26(B)(4)(B): The Expert Twice Retained, Andrew J. Miller
University of Michigan Journal of Law Reform
This article will focus on whether the hiring of the free agent as a non-trial expert, in order to conceal information from other parties to the litigation, is in keeping with the underlying goals and values of present discovery practice. Part I of this note discusses the discoverability of experts in general, then examines the various rationales underlying the so-called unfairness doctrine supporting the trial/non-trial expert distinction. Part II presents the case for divergent treatment of the free agent and the regularly retained expert. Subpart A of that section will explain the lack of judicial scrutiny in this area, while …
Jury Size And The Peremptory Challenge: Testimony On Jury Reform, Richard O. Lempert
Jury Size And The Peremptory Challenge: Testimony On Jury Reform, Richard O. Lempert
Book Chapters
In the essay that follows, Professor Lempert pursues the "lay versus professional" issue, once again in the jury context. He begins by setting forth a general theory of the likely contribution of each. He then applies his posited theory to two issues of current interest to the bar: jury size and the peremptory challenge. The essay originated as testimony (prepared jointly with Dr. Jay Schulman) before a Senate subcommittee considering a bill (S. 2074, 95th Congress, 1st Session) to reduce the number of peremptory challenges in civil cases from three to two and also to require all federal district courts …